Bostick v. Flex Equipment Co.

CROSKEY, Acting P. J., Concurring.

I concur in the decision affirming the judgment on the complaint, but for reasons different from those stated in the majority opinion. In my view, Proposition 51 applies to a strict products liability action involving a single indivisible injury, and Wimberly v. Derby Cycle Corp. (1997) 56 Cal.App.4th 618 [65 Cal.Rptr.2d 532] (Wimberly) was wrongly decided. Wimberly held that Proposition 51 did not modify the common law rule that the defendants in an action for strict products liability *100who were in the same chain of distribution of a defective product are…